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Peter Nowak v Data Protection Commissioner

C‑434/16 Case
CJEU
Personal data
AG Opinion
Personal Data IP Address Identification Public Authority Public Sector
Dec 20, 2017 Source
Summary

The court emphasized, in accordance with the opinion of the Advocate General, that “if the identification of the data subject was prohibited by law or practically impossible on account of the fact that it requires a disproportionate effort in terms of time, cost and man-power, so that the risk of identification appears in reality to be insignificant” then the dynamic IP addresses would not constitute ‘personal data.’

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1 of 3 paragraphs apply legislation or carry a topic — see them in the full text ↓

References

Related across sources

Enforcement Italian DPA sanctions Lusha Systems for processing contact data without consent in B2B Garante per la protezione dei dati personali (Italy) Guidance Report on stakeholder event on anonymisation and pseudonymisation of 12 December 2025 EDPB Enforcement DSB Austria: No fine imposed on COVID mask shop for cookie consent failure DSB (Austria) Enforcement DSB Austria: Online shop violated GDPR by ignoring request to stop gender-specific DSB (Austria) Guidance Guidelines 05/2022 on the use of facial recognition technology in the area of law enforcement EDPB Guidance Guidelines 03/2022 on Deceptive design patterns in social media platform interfaces: how to recognise and avoid them EDPB

Full text 3 paragraphs

Paragraphs carrying a topic or an applied provision show those connections inline Original at the source →
¶34

The use of the expression ‘any information’ in the definition of the concept of ‘personal data’, within Article 2(a) of Directive 95/46, reflects the aim of the EU legislature to assign a wide scope to that concept, which is not restricted to information that is sensitive or private, but potentially encompasses all kinds of information, not only objective but also subjective, in the form of opinions and assessments, provided that it ‘relates’ to the data subject.

Personal Data applies Art. 2
¶35

As regards the latter condition, it is satisfied where the information, by reason of its content, purpose or effect, is linked to a particular person.

¶36

As is argued, in essence, by Mr Nowak, the Czech, Greek, Hungarian, Austrian and Portuguese governments and also by the European Commission, the written answers submitted by a candidate at a professional examination constitute information that is linked to him or her as a person.

Original document at the source eur-lex.europa.eu

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